State v. Martemus

Citations

• 2019 Ohio 1116

Syllabus

App.R. 26(B) application for reopening, timely filed, ineffective assistance of appellate counsel, consecutive terms of incarceration, multiple firearm specifications ordered to be served consecutively, R.C. 2929.14(B)(1)(g), defective indictment, subject matter jurisdiction of court of common pleas over criminal felony charges. The applicant's App.R. 26(B) application for reopening is denied. The applicant has raised three proposed assignments of error in support of his application for reopening. Our review of the applicant's proposed assignments of error fails to disclose the existence of any ineffective assistance of appellate counsel and the applicant has also failed to establish how he was prejudiced by the failure of appellate counsel to raise any of the three proposed assignments or error on appeal. Appellate counsel is not required to argue on appeal assignments of error that are meritless.